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How to calculate tax penalties? Let's figure it out together!

What is a penalty? This is the amount of money accrued to the taxpayer, who pays the debt later than the deadline that established the legislation. Penalties for delay are necessary to ensure timely fulfillment of obligations to pay fees and taxes. Article 122 of the Tax Code is the basis for the lawful collection of fines. How to calculate tax penalties? For example, if you have not paid a tax for any reason, then the amount of the penalty at a rate of twenty percent from the unpaid amount will be added to it also. But this is just a summary, let's look at more details and consider specific examples.

How correctly to calculate tax penalties?

It is important to know that regardless of whether other sanctions were applied to the payer, he is obliged to transfer the penalty to the budget.
The main principle of charging penalties is accounting for each day of late payment of taxes. The first day is the time when you need to pay the tax in accordance with the law. How to calculate tax penalties? Factors necessary for the calculation: the amount of the calculated tax, the penalty interest, the number of overdue days. In Russia, the penalty interest is calculated on the basis of the refinancing rate effective at the time of the delay in payment. Take its 1/300 part. In this situation, the refinancing rate is 8.25%. So, in order to answer the question on how to calculate tax penalties, we use the formula: П = Д х Н х СР х 1/300, where П is the amount of penalty, СР - the exact refinancing rate of the Central Bank of Russia at the time of occurrence Delinquency, N is the amount of tax.

If the refinancing rate did not change

For example, a certain company LLC "Old Age" did not pay land tax until February 1, 2013, the size of which was 7500 rubles. The debt under this tax was repaid on March 29, 2013. In this period, the refinancing rate set by the Central Bank of Russia is 8.25%. The total number of days of debt is 57. How to calculate tax penalties? Apply the formula mentioned above and get the size of the penalty at 117.56 rubles. You should know that the refinancing rate may well change during the time of delay, and understand that the calculation will also differ. In such cases, the rate is taken separately for each period of its validity.

If the refinancing rate was changed

The company LLC "Fast Shipping" in 2011 did not pay the transport tax in the amount of 12,000 rubles.
The payment term is February 01, 2012. The company repaid the debt as follows: February 12 - 5000 rubles, March 1 - 7000 rubles. On this basis, the amount of tax arrears is 12,000 rubles for the period from 02 to 11 February and 7,000 rubles from 12 to 29 February. For example, the refinancing rate has changed from 8% for the period from February 02, 2012 to February 9, 2012 by 8.25% for the period from February 10 to February 19, 2012, and, finally, has reached 8.5% in the period From 20 to 29 February 2012. Calculate the interest can be calculated using the formula presented above. The amount of additional payments will be 68.87 rubles. So, now you know not only what penalties are and by what principle they accrue, but also how to calculate the tax penalties correctly. Good luck in business, do not allow delays!

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